Ordinance #66: Winter Time Excavations
AN ORDINANCE RESTRICTING WINTER TIME EXCAVATION IN THE CITY OF GEORGETOWN RIGHTS OF WAY. PROVIDING FOR PENALTIES AND REIMBURSEMENT TO THE CITY FOR DAMAGES CAUSED IN VIOLATING THIS ORDINANCE, ALSO, PROVIDING AN EMERGENCY EFFECTIVE DATE THEREFORE.
BE IT ORDAINED by the City Council for the City of Georgetown, Idaho as follows:
SECTION I: It is unlawful for any person, contractor, utility or agents of the same to excavate within the City rights of way between November 15th and March 15th each winter.
SECTION II: If an emergency situation arises and excavation is needed during the restricted period, prior written permission must be obtained from the City Council. The Council will determine the number of days in which the emergency work must be completed. Each day that the work or excavation remains open or unfinished beyond what the Council specifics, will constitute another violation.
SECTION III: Any person, contractor, utility or agents of the same violating or failing to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor and tor each day of violation or failure to comply may be punished by a fine not to exceed One Thousand Dollars ($1,000.00) .
SECTION IV: In addition to fines levied, any person, contractor, utility or agents of the same that cause damage to any property, right of way, or utility installation belonging to the City of Georgetown, shall reimburse the City in full for the cost of restoring any damage caused. The extent and cost of damages shall be determined by the City Council.
SECTION V: If any part of this ordinance is for any reason held invalid by the decision of any court or regulatory body of competent jurisdiction, such shall not effect the validity of the remaining portion. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION VI: The City Council and Mayor having deemed an emergency exists involving the health, safety and welfare of the inhabitants of the City of Georgetown, do hereby declare an emergency and this ordinance shall take immediate effect upon its passage and publication.
DATED this 16th day of November. 2004.
CITY OF GEORGETOWN
Albert K. Johnson, Mayor
ATTEST: Marty Nate, CITY CLERK